General terms and conditions
General terms and conditions of sale, from
Quincs, Woerden, Netherlands
1. General terms and conditions
1.1 These general terms and conditions of sale apply to and form part of all sales agreements concluded by Quincs.nl as a seller of designer furniture and various consumer goods (hereinafter: “Quincs.nl”).
1.2 Quincs.nl does not accept general terms and conditions of the customer (hereinafter: “Customer”), unless and to the extent that any condition(s) have been accepted in writing by Quincs.nl.
1.3 If the order confirmation from Quincs.nl contains conditions that deviate from these general terms and conditions, the condition in the order confirmation from Quincs.nl shall prevail.
2. Agreement
2.1 All offers and quotations from Quincs.nl are without obligation and valid for 30 days after the date of issue.
2.2 All (online) sales by Quincs.nl are confirmed in writing by Quincs.nl (by e-mail, digital confirmation or by regular mail), and ultimately approved and confirmed by a digitally confirmed sales agreement.
2.3 The Customer is also deemed to have accepted the order from Quincs.nl if he has requested execution of the order.
2.4 Any (order) confirmation(s) from Customer that deviate from the order confirmation from Quincs.nl are only binding for Quincs.nl if Quincs.nl has accepted such deviations in writing.
3. Price and payment terms
3.1 The price in the order confirmation from Quincs.nl is fixed and includes 21% Dutch VAT.
3.2 All taxes and duties of any nature whatsoever now or hereafter imposed by any governmental authority, whether federal, state or local, directly or indirectly, on the sale or transportation of the goods covered hereunder shall be paid and borne by Customer.
3.3 Quincs.nl is entitled to increase the price retroactively if the cost-determining factors have undergone an increase. These factors include, but are not limited to: production costs, raw materials and consumables, energy, products or materials that Quincs.nl obtains from third parties, taxes, levies, government levies, freight costs and insurance premiums. Quincs.nl will inform Customer of such an increase.
3.4 Set-off or withholding of payment by Customer is not permitted unless Quincs.nl has confirmed in writing that set-off or withholding of payment by Customer is permitted.
3.5 The Purchaser shall be deemed to be in default without notice or notice of default if he fails to make the payments due. A default interest of 12% per year may be charged.
3.6 Quincs.nl remains the owner of the goods in all cases, without any limitation, until the Customer has fulfilled all obligations and the payment(s) have been received in full by Quincs.nl.
3.7 Upon completion, an additional storage fee of 1% of the total invoice price per week (with a minimum of EUR 50,- per week) will be charged for the storage of goods if the outstanding invoice balance has not been paid in full and no shipping arrangements have been made within ten business days from the date of receipt of the product by Quincs.nl. The 1% surcharge will increase each week until the outstanding invoice has been paid in full and shipping costs have been paid.
3.8 Quincs.nl is entitled to request an advance payment of at least 100% for online sales of goods.
3.9 Quincs.nl's goods are guaranteed for a period of twelve months after the Customer has purchased the goods. If problems arise, Quincs.nl reserves the right to determine whether replacement or repair is most appropriate. If Quincs.nl decides to provide additional specific guarantees with regard to certain goods, this will be clearly stated on the order form. Quincs.nl guarantees are explicitly not applicable to:
(1) water damage to Quincs.nl goods;
(2) damage resulting from reparations made by third parties without the permission of Quincs.nl;
(3) adjustments to the goods of Quincs.nl;
(4) unlawful maintenance of Quincs.nl goods;
(5) if the goods of Quincs.nl have been used for purposes other than those intended by Quincs.nl;
(6) frequent use of Quincs.nl goods outside or in the rain.
4. Delivery and delays
4.1 Quincs.nl is entitled to partial shipment of the order. Each delivery can be seen as a separate contract. It is the responsibility of the Customer to ensure that the goods fit through doors, windows and/or elevators. Prices are exclusive of delivery via a postal service. The transit time depends on the specific situation.
4.2 Quincs.nl is exempt from the agreed delivery dates and terms to the extent and for as long as circumstances arise that substantially impede performance. All difficulties, regardless of their nature, the sphere and the segment of the supply chain in which they occur, such as force majeure and force majeure (for example floods, ice, loss of harvest, etc.), export and import restrictions, problems in production Problems in the procurement of goods, disruption of business operations (breakdown of equipment or machinery, fire, etc.), strikes, shortages of personnel or similar actions, emergencies or loading and transport problems are considered significant impediments to performance.
4.3 In the event of a substantial impediment to compliance on the basis of article 4.2, Quincs.nl has the right to terminate the agreement with immediate effect without compensation or to extend the agreed delivery period by the duration of the impediment and the time required to implement or be able to implement adjustments. deliver. If such an extension period lasts longer than two months, Customer may terminate the agreement. If continuation of the agreement seems unreasonable to one of the parties before the extension period has expired, that party may terminate or cancel the agreement. Quincs.nl will inform Customer of the duration of the extension period.
4.4 In the event of an extension of the delivery, Quincs.nl is entitled, but not obliged, to deliver goods within the extension period that are equivalent to the goods agreed with the Customer, or to replace failed deliveries with goods from third parties of equal value and quality.
4.5 If Customer is in default of any obligation under the agreement with Quincs.nl, Quincs.nl is entitled to postpone delivery by the same number of days as Customer was in default, in addition to a reasonable period for taking appropriate measures. Quincs.nl is also entitled to suspend its own obligations for as long as Customer is in default. If Customer is subject to bankruptcy law, Quincs.nl may suspend any obligations or cancel further deliveries; any losses or damages resulting from Customer's default shall be borne by Customer.
4.6 Due to applicable EU law Quincs.nl has the right to request from Customer certified copies of customs documents, which show that the goods delivered by Quincs.nl have been released into free circulation in the country of destination outside the EU. Customer will hand over these documents at the first request of Quincs.nl.
1. Examination and conformity with specifications
5.1 Upon delivery, the Customer shall examine the goods and verify that the delivered goods meet all contractual requirements.
5.2 Any complaints about the delivered goods must be submitted in writing and must reach Quincs.nl no later than seven (7) days after the date of delivery and within seven (7) days after the date of discovery of any non-conformity of the delivered goods. goods. The use of the goods is considered an unconditional acceptance of the goods and a waiver of all claims with regard to the goods.
5.3 Properly specified complaints do not affect the Customer's obligation to pay the price for the goods. After receipt of a notification of a defect, Quincs.nl has the right to suspend all further deliveries until the complaints have been investigated and found to be unfounded and/or refuted or until the defect has been completely remedied.
6. Right of return
6.1 When ordering from Quincs.nl, a cooling-off period of 30 calendar days after delivery applies, unless expressly excluded by Quincs.nl. The Customer has the right to return the delivered goods under the following conditions:
(i) the goods must not be damaged. The original packaging must be undamaged. are;
(ii) the goods must be in a condition for resale by Quincs.nl;
(iii) upon receipt of the returned goods by Quincs.nl, the order will be cancelled. Any amount already paid by the Customer will be refunded to the Customer's account within 30 days after cancellation from the original payment.
(iv) Cancellation of orders must be made in writing to Quincs.nl.
The following goods are expressly excluded from the right of return:
goods ordered for business projects;
Custom made goods. Such specially ordered and/or custom made goods cannot be returned
7. Transfer of risk and ownership
7.1 The risk of the goods passes to the Customer upon delivery.
7.2 If the delivery of goods is suspended pending payment by the Purchaser, goods whose delivery is wrongly rejected or not accepted by the Purchaser will also be held and stored by Quincs.nl at the expense and risk of the Purchaser.
7.3 Ownership of the goods shall not pass to Customer and full legal and beneficial ownership of the goods shall remain with Quincs.nl unless and until Quincs.nl has received full payment for the goods, including all secondary costs, such as interest, demurrage, charges, expenses, etc.
7.4 In the event of termination of the agreement with the Customer, Quincs.nl is entitled, without prejudice to any other rights of Quincs.nl, to demand immediate redelivery of the goods for which it can invoke the retention of title.
7.5 Until payment for the goods has been made, the Customer shall be entitled to use the goods only to the extent necessary for its normal business operations and shall, to the extent possible,
(i) keep the goods separate, clearly recognizable as goods from Quincs.nl;
(ii) immediately notify Quincs.nl of any third party claims that may affect the goods; And
(iii) adequately insure the goods.
8. Liability
8.1 In case liability of Quincs.nl is established, such liability is limited to the loss or damage which was foreseeable at the time the contract was concluded up to a maximum amount equivalent to the purchase price agreed with Quincs.nl. Under no circumstances Quincs.nl shall be liable to Customer for any other kind of special, incidental, direct or indirect, consequential or punitive damages or loss, cost or expense, including without limitation, damage based upon loss of goodwill, loss of business, loss of sales or profits, work stoppage, production failure, impairment of other goods or otherwise and whether arising out of or in connection with breach of warranty, breach of contract, misrepresentation or otherwise.
8. Liability
8.1 If liability of Quincs.nl is established, this liability is limited to the damage that was foreseeable at the time of concluding the agreement up to a maximum amount equal to the purchase price agreed with Quincs.nl. Under no circumstances shall Quincs.nl be liable to the Customer for any other form of special, incidental, direct or indirect damage, consequential or punitive damage or loss, costs or expenses, including but not limited to damage based on loss of goodwill, loss of business, loss of turnover or profit, work stoppage, production failure, impairment of other goods or otherwise and regardless of whether this arises from or is related to breach of warranty, breach of contract, misrepresentation or otherwise.
10. Exemption
10.1 The failure of Quincs.nl at any time to enforce any provision of these Terms shall not be construed as a waiver of Quincs.nl's right to act or enforce such provision or condition.
11. Limitation of action
11.1 No action shall be brought by Customer unless Customer first gives written notice to Quincs.nl of any claim alleged to exist against Quincs.nl within thirty (30) days after the complaint first becomes known to Customer and an action is brought by Customer within twelve (12) months of such notice.13. Compliance with laws and standards
12. Applicable law and jurisdiction
12.1 All disputes arising out of or in connection with the Agreement and any subsequent agreements resulting therefrom shall be subject to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands.
12.2 The agreement is exclusively governed by Dutch law.
12.3 The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG), concluded in Vienna on 11 April 1980, is excluded.
13.1 Quincs.nl makes no promise or representation that the goods will comply with any article of law, regulation, rule or standard (“laws and standards”), unless expressly stated in the confirmation of Quincs.nl or in the specifications. The goods may be subject to requirements or restrictions under laws and standards in the country of delivery of the goods. The Customer is solely responsible for:
(i) ensuring compliance with all laws and standards relating to the intended use of the goods; and
(ii) obtaining all necessary approvals, permits or consents for such use.
14. Intellectual property
14.1 The sale of goods to the Customer does not convey any license or right under any intellectual property right with respect to the composition and/or applications of the goods, and the Customer expressly assumes all risks of any infringement of intellectual property resulting from the import and/or use thereof. or use of the goods, whether or not in combination with other materials or in any processing.